| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 309/10 |
| Hearing date | 22 Jun 2010 |
| Determination date | 02 July 2010 |
| Member | K J Anderson |
| Representation | D Feist ; R Narayan |
| Location | Auckland |
| Parties | Flesher v Vent Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant claimed unjustifiably dismissed - Respondent claimed applicant left employment of own free will - Respondent’s concerns about applicant’s performance led to disciplinary meeting where applicant issued with final written warning - Applicant informed failure to improve could lead to dismissal - Applicant claimed did not receive copy of written warning - Authority found more probable than not applicant did receive it - Applicant absent from work without explanation for three consecutive days - On fourth day respondent received phone call from applicant’s partner stating applicant would be late - Respondent claimed informed applicant needed to contact respondent directly if going to be absent and if such behaviour continued disciplinary process would be commenced - Next day applicant informed respondent applicant’s grandfather had died - Dispute between parties as to what day applicant said would return to work - Respondent claimed attempted to contact applicant when failed to return to work - Dispute between parties as to what occurred at meeting when applicant returned to work - Applicant claimed told was dismissed - Respondent claimed applicant stated had new job to go to and was leaving - Respondent’s evidence preferred - Authority found applicant’s manager did not have authority to dismiss applicant - Found no dismissal - Found applicant resigned - Direct Marketer |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103(1)(a) |
| Number of Pages | 6 |
| PDF File Link: | aa 309_10.pdf [pdf 27 KB] |